The new National Defense Authorization Act expands the Family and Medical Leave Act (FMLA) to permit two new types of workplace leave for family members of injured military personnel and military reservists called to active duty. Here’s an overview of the requirements.
Active Duty Leave
The law, H.R. 4986, adds a new category—active duty leave—to the list of reasons eligible employees can take FMLA leave. Employees with an immediate family member (spouse, son, daughter, or parent) who is on active duty or called to active duty in the reserves or National Guard may take up to 12 weeks of unpaid leave during any 12-month period for any “qualifying exigency.”
The U.S. Department of Labor (DOL) is seeking public comment to help it formulate regulations under the new law, including what will be considered a qualifying exigency. Although this active duty leave provision won’t take effect until the regulations are released, the DOL says employers must still make reasonable efforts to provide this type of leave in the meantime.
Service Member Leave
The law also adds a whole new section, effective Jan. 28, 2008, for service member family leave. Under this provision, an eligible employee who is the spouse, child, parent, or next of kin (nearest blood relative) of an Armed Forces member injured in the line of duty can take up to 26 weeks of unpaid leave during a 12-month period to care for the service member. This leave is only available during a single 12-month period.
How To Survive an Employee Lawsuit: 10 Tips for Success
With lawsuits against employers becoming ever more common—and jury verdicts skyrocketing—your risk of getting sued has increased dramatically even if you’ve done all the right things. Learn how to protect yourself with our free White Paper, How To Survive an Employee Lawsuit: 10 Tips for Success.
Leave Limits
The law specifies that during a 12-month period when service member family leave is used, an employee is limited to a combined total of 26 weeks of FMLA leave, for any reason. This is true even if several qualifying reasons exist. So, for example, an employee who uses 22 weeks to care for an injured soldier has just four weeks of leave left in that year for another FMLA reason.
In addition, both active duty and service member leave may be used intermittently or on a part-time schedule. Also, the FMLA’s existing substitution of paid leave rules apply when this new leave is used.
Poster Insert
The DOL has prepared an insert regarding the new military leave provisions that employers must immediately display along with the existing FMLA poster.